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(영문) 수원지방법원 평택지원 2013.09.05 2013고단951

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 21, 2013, the Defendant driven CM3 motor vehicles under the influence of alcohol content of about 0.201% at a distance of about 500 meters from the front of “the frequency of 9900 Won,” located in Pyeongtaek-si, Pyeongtaek-si, Pyeongtaek-si, Seoul Special Metropolitan City, to the front of the 45th parallel city located in Pyeongtaek-si, Pyeongtaek-si, Pyeongtaek-si, thereby driving CM3 motor vehicles under the influence of alcohol content of about 0.201%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the status of a drinking driver, and a written report on the status of a drinking driver;

1. Inquiry into the enemy;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the reason for sentencing Article 62-2 of the Criminal Act not only has the record of being punished by the Defendant for drunk driving, but also causes a traffic accident as a result of the crime, and that the Defendant’s blood alcohol concentration at the time of committing the crime is relatively high, the criminal liability is not easy.

However, the sentence shall be determined in consideration of various sentencing factors, such as the defendant's age, occupation and family environment, including the fact that the defendant is against the recognition of the crime, and the sentence of suspension of execution is to be imposed on the condition that he/she